Acórdão nº 9711117 de Court of Appeal of Porto (Portugal), 04 de Novembro de 1998
| Magistrado Responsável | MARQUES SALGUEIRO |
| Data da Resolução | 04 de Novembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR ESTRADAL.
Legislação Nacional: CP82 ART136 N2. CP95 ART137 N2. CCIV66 ART483 ART496 ART804 ART805 N3 ART806 N1.
Jurisprudência Nacional: AC STJ DE 1998/01/21 IN CJSTJ T1 ANOVI PAG173. AC STJ DE 1994/05/05 IN CJSTJ T2 ANOII PAG86. AC STJ DE 1998/02/10 IN CJSTJ T1 ANOVI PAG65.
Sumário: I - A condução com excesso de velocidade deve considerar-se como actuação com " negligência grosseira ", a que se reportam os artigos 136 n.2 e 137 n.2 respectivamente, do Código Penal de 1982 e do Código Penal de 1995. II - Tem sido orientação dos nossos Tribunais, maxime do Supremo Tribunal de Justiça, a de que, em caso de homicídio involuntário, cometido com culpa grave no exercício da condução, a pena a impor deve ser a de prisão efectiva. III - Ainda que como critério meramente orientador, é usual o...
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